The law and management of forests in Kenya.

Abstract

In part one, chapter one introduces the problem of reduction of vital forests and the consequential threat to wildlife conservation and environment. Law is only part of the solution but important nevertheless especially where it gives more weight to the public interest in case of conflicting needs. Chapter two analyses the current forest policy which again emphasizes that in managing forests for the direct and indirect benefits, greater common food of all shall be given priority. In part two, chapter three to six, analysis and interpretation of legal provisions is made in the light of four major forestry practices: Reservation of land for forestry; Protection of forests against destructive agents; Utilization of forest resource~; and the role of forest officers. In part three, chapter seven criticizes and gives proposal for reform of legislation on forests. The Forest Act which ought to deal exhaustively with forest issues is sketchy and applicable only to the statutorily dedicated forest areas, a mere 2.7 percent of the country. As if that is not enough, the reserved forests are easily relinquished for other purposes income~ible with forestry. Most of the other statutes do not regard forests as property and in other cases are silent on practices detrimental to forest conservation. Extension of forest law to the whole of the country, permanency of vital forest areas, thrifty utilization of forest resources and inclusion of environmentally oriented provisions are sowe of the remedies suggested after examination of the relevant legislation. Chapter eight concludes that the current forest legislation is inadequate, legal interference with professional discretion is necessary, there are means to cope up with extra work in case of legal compliance and cert~inty of law is essential for effective enforcement.